Both Parties agree that any unauthorized use or disclosure by the Receiving Party of the Disclosing Party's Confidential Information in a manner inconsistent with the terms of this Agreement may cause the Disclosing
Party irreparable damage for which remedies other than injunctive relief may be inadequate.
Not exact matches
The very future of the labor - backed
party will be on the line, and according to one labor source, the
damage done by the disagreement over whether or not to back Gov. Andrew Cuomo again may very well be
irreparable.
If Labour lost its Queens Speech and Budget — the Queens Speech alone would trigger a crisis if rejected — then the Tories and minority
parties might well then want to trigger a vote of no confidence, and if won, Labour would be out in the cold and suffer
irreparable damage.
In 1250264 Ontario Inc. v. Pet Valu Canada Inc. («1250»), Justice Strathy of the Ontario Superior Court of Justice took the extraordinary step of invalidating the majority of opt - out notices obtained from potential class members in a certified class proceeding due to the
irreparable damage caused to the process by the aggressive conduct of a third
party.
In 1250264 Ontario Inc. v. Pet Valu Canada Inc. [1](«1250»), Justice Strathy of the Ontario Superior Court of Justice took the extraordinary step of invalidating the majority of opt - out notices obtained from potential class members in a certified class proceeding due to the
irreparable damage caused to the process by the aggressive conduct of a third
party.
Accordingly, the
Parties each agree and acknowledge that any such violation or threatened violation may cause
irreparable injury to the Disclosing
Party and that, in addition to any other remedies that may be available, in law, in equity, or otherwise, the Disclosing
Party shall be entitled (a) to seek injunctive relief against the threatened breach of this Agreement or the continuation of any such breach by the Receiving
Party, without the necessity of proving actual
damages, and (b) to be indemnified by the Receiving
Party from any loss or harm, including but not limited to attorney's fees, arising out of or in connection with any breach or enforcement of the Receiving
Party's obligations under this Agreement or the unauthorized use or disclosure of the Disclosing
Party's Confidential Information.
The customary «day in court» approach takes an extraordinary amount of time, has a «sticker shock» cost, causes
irreparable damage to families, and rarely achieved the best result for the
parties.
In order to receive an injunction, a
party must show: a substantial likelihood that the
party will prevail on the merits; the
party will suffer an
irreparable injury unless the injunction is granted; a showing that the threatened injury outweighs whatever
damage will be caused to the other
parties; and finally, a showing that the injunction would not be against the public interest.